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(영문) 춘천지방법원 2019.01.30 2018고단1219
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:40 on October 6, 2018, the Defendant rejected the Defendant’s request from the head of the police station affiliated with the Chuncheon Police Station D District E, which called “C” in front of “Sacheon-si B” and called “Sacheon-si” and called “Sacheon-si” and sent the Defendant at one time on the left face of the said E.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes governing the obstruction of performance of official duties, such as black stuff images, cell phone CDs stored, and video recording photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an element of sentencing unfavorable to the defendant, such as the following: (a) the police patrol car of the police who was called out after having been reported by the defendant to avoid disturbance; (b) the progress of patrol car; (c) the police requesting returning home by getting out of the patrol car; and (d) the police demanding it; and (c) the crime of this case is not good quality; and (d) the defendant committed the crime of this case even though there are many records of punishment as violent crimes; and (d) the defendant was punished by a fine due to an assault; and (e) the fact that it is not agreed with the victimized police.

However, the arguments in this case include the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, recommendation type by sentencing guidelines (not including recommendation type from June to June to June of the basic area of the obstruction of performance of official duties, special reasons for special mitigation), etc.

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